Terms of Service

Welcome to VPTLive and the VPTLive.com website (the “VPT Site”).

The terms and conditions contained herein (the “Terms of Service”) govern your access to, and use of, the VPT Site, mobile applications, and any other applicable products and services (collectively “VPT Site”). By using this site to view, retrieve, or display content or by registering to participate in the PEP program, view trading systems, access educational or training materials, contribute content and or make content contributions, you agree to the Terms of Service. Do not access or use the VPT Site if you are unwilling or unable to be bound by the Terms of Service. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms of Service without prior notice, and your continued access or use of the VPT Site signifies your acceptance of the updated or modified Terms of Service.

Permitted Use

VPTLive grants you permission to use the VPT Site subject to the restrictions in these Terms of Service. In accessing or using the VPT Site, you may be exposed to user generated content that is inaccurate or otherwise inappropriate. VPTLive does not endorse such Content, and cannot vouch for its accuracy. You therefore access and use the Site at your own risk.

Prohibited Use and Restrictions

The VPT Site may provide chat, messaging, and other forms of online communication. When contributing content to the VPT Site you agree that such content is not materially incorrect, likely to cause offence, misleading or deceptive. You will not use the VPT Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the VPT Site. You will not use the VPT Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not. You will not use the VPT Site for promotional or commercial purposes, except as expressly allowed in writing by VPTLive. You will not use the VPT Site in violation of the Terms of Service or any applicable law.

You will not attempt to gain unauthorized access to the VPT Site, user accounts, computer systems or networks connected to the VPT Site through hacking, password mining or any other means; use the VPT Site or any VPT Site content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the VPT Site, or otherwise attempt to interfere with the proper working of the VPT Site; make excessive traffic demands; use the VPT Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the VPT Site or VPT Site content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the VPT Site, features that prevent or restrict the use or copying of VPT Site content, or features that enforce limitations on the use of the VPT Site.

Any use of the Interactive Areas or other portions of the VPT Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the VPT Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect VPTLive’s systems and users, or to ensure the integrity and operation of VPTLive’s business and systems, VPTLive may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content. VPTLive’s right to disclose any such information shall take precedence over any terms of VPTLive’s Privacy Policy.

Use of Reviews, Comments, and Other User Generated Content or Contributions

We appreciate hearing from you. Please be aware that by submitting content to the VPT Site by electronic mail, postings on the VPT Site or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant VPTLive and its affiliates the right to use Your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant the VPT Site’s users and the users of any Other Media the right to access Your Content in connection with their use of the VPT Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

We may remove or reinstate User Content or Your Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our Terms of Service or other content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

The VPT Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post trade recommendations, trading system reviews, charts, software, or other content, messages, materials or other items on the Site (“Interactive Areas”). If VPTLive provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk.

Third Party Websites

The VPTLive Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Some of the services made available through the VPT Site are provided in connection with third parties. You acknowledge that you may be able to access Third Party Websites from the VPT Site and that such access is not always expressly stated. You agree that VPTLive makes no representations, and has no liability, to you arising from or in connection with any use of any Third Party Website or any information or other content accessible to you from any Third Party Website; and your access to and use of any Third Party Website and information and other content available on it may be governed by terms imposed by the operator of the Third Party Website.

Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the VPT Site or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your content or profile or account on VPTLive to a profile on another Third Party Website. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the Third Party Website) at any time.

Limitation of Liability

THE VPT SITE AND ALL VPT SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. VPTLIVE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE MSA SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE VPT SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY HYPOTHETICAL TRADING SYSTEM RESULTS AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE VPT SITE OR MSA SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES OR PARTNERS LISTED ON THE VPT SITE.

IN NO EVENT SHALL VPTLIVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE VPT SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE VPT SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE VPT SITE.

Indemnity

You agree to defend and indemnify VPTLive officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

1. your breach of this Agreement or the documents referenced herein;
2. your violation of any law or the rights of a third party; or
3. your use of the VPT Site.

VPTLive reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of VPTLive. VPTLive will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Copyright and Trademark Notices

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the VPT Site are registered and unregistered trademarks of Ciredor Capital LLC,  its affiliates and others. Nothing contained on the VPT Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the VPT Site without the written permission of VPTLive or such third party that may own the Trademark displayed on the VPT Site. A complete list of pending and/or registered Trademarks of VPTLive is published and searchable on Trademarkia. Your misuse of the Trademarks displayed on the VPT Site, or any other content on the VPT Site, except as provided herein, is strictly prohibited.